Lawyer for 'sick’ Carrim admits Western Cape mall visit

He has, however, urged the commission not to play CCTV footage of the outing, arguing it is unnecessary and serves "no legitimate purpose".

Carrim's counsel, Advocate Kameel Premhid, made the concession on Friday as the commission heard his client's latest application to postpone giving evidence.

Premhid told the commission there was no dispute that Carrim had been at the shopping centre in Durbanville, making CCTV footage unnecessary.

"The video footage is unnecessary today, and more than being unnecessary, it's also not appropriate and does not serve a legitimate purpose."

He argued that the facts the commission sought to prove through the footage had already been admitted.

"The footage is not necessary because the footage is not needed to prove admitted facts. You don't need to lead evidence to deal with admitted facts."

Premhid further submitted that CCTV footage and geolocation data cannot determine whether someone is medically fit to testify, saying that remains a matter for medical professionals.

"The commission's concern regarding my client's postponement is a medical issue... CCTV footage or geolocation information, on its own, not being led through a clinician and not being analysed by a clinician, is inappropriate secondary evidence."

Commission Chairperson Justice Mbuyiseli Madlanga, however, was unconvinced that the footage was irrelevant.

He pointed out that the evidence in the leaders' case centres on whether Carrim's movements were inconsistent with the medical evidence placed before the commission.

"The question whether Mr Carrim's movements show a pattern that is at odds with what we have been told, that's central to the evidence leaders' case."

The issue first arose last week when Evidence Leader Advocate Matthew Chaskalson revealed that, shortly after Carrim's legal team submitted another medical certificate declaring him unfit to testify, the commission received two independent whistleblower reports alleging that Carrim had been seen at a Western Cape shopping centre.

Chaskalson said the reports corroborated one another and were independently confirmed by eyewitnesses contacted by the commission.

"We now have it from multiple different sources that someone who seemed very much to be Mr Carrim arrived at the shopping centre with an entourage, went into Woolworths before going off to have a late lunch at a restaurant in the shopping centre."

The commission subsequently subpoenaed CCTV footage from the shopping centre and indicated it would also obtain hospital records and information from Carrim's treating doctor to verify the timeline of his illness.

At the time, Chaskalson said the reports had raised serious concerns.

"For now, we have a concern that Mr Carrim may be taking liberties with this commission."

He added that those concerns were reinforced by further whistleblower reports alleging that Carrim had attended social gatherings in the North West during the period when he had repeatedly been declared medically unfit to testify.

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